HFO Services- a new DCA on the block?

[Docman]

I do now need advice regarding a defence. HFO are in the process of an N1 claim form against my friend!

 

Have HFO actually issued a N1 claim form against your friend? if so, can you post up a copy without any identifying marks or alternativley type up the Particulars of Claim word for word.

[rich2568]

Have HFO actually issued a N1 claim form against your friend? if so, can you post up a copy without any identifying marks or alternativley type up the Particulars of Claim word for word.

 

Hi Docman

 

No N1 at this stage- however we are expecting it!!

[rich2568]

OK. You are clearly getting worried about an imminent court claim. That may or may not happen, but it seems as though people with more knowledge than me of HFO say that is the way they usually operate.

 

Firstly, Sharklycard agreements are usually rubbish. In the vast majority of cases, the reply to a CCA request is something which is totally illegible, and is clearly a poor microfiche copy. Can you post up your agreement so we can see?

 

Was there ever a default notice issued on this account before it was terminated and passed to HFO? If so, do you still have a copy?

 

These NoAs sound interesting. I am assuming they are fake?

 

It also sounds as though HFO have been increasing the balance on the alleged account without reason or justification. This can obviously be challenged as well.

 

Have you reported any of HFO's antics to the OFT, or gone through the internal complaints procedure?

 

SH

 

 

Thanks SH

 

The agreement is just a typical 1- just like within the Barclaycard thread. A poor copy with the signature of my friend- however no signature from Barclays and no prescribed terms. I can post it later this week- P.C. giving me probs at mo!:-|

 

We`ve sent of a D.S.A.R. to Barclays today-they have acknowledged reciept-a 40 day wait & there is no sign of a default notice- it was far too long ago!! Maybe they will send this as part of the DSAR????

 

The NOA`s are interesting. Now the question is are they equitable or not? & also if they are equitable does this give Barclays the right to charge interest from the closure/default date??? I have 3 NOA`s that my friend has been sent- with 2 different dates on them & I believe you cannot be send NOA`s with different dates on them??

 

Well as far as HFO`s antics- well I`m not sure The OFT/ICO/Trading Standards will punish them -- so I`m not sure making them aware will help-- it certainly wont stop them issuing a N1. I say this because after each letter I send them in regards to non-compliance of The D.P.A. 1974- they just ignore everything I request. Will The O.F.T. etc.. stop any inmpending Court claims- I think not at this stage. We need lots and lots of people reporting them- not just me!!

 

Thanks SH- I`m gonna need your input when I prepare my friends defence!!

[ScabHunter]

No, you are right that OFT complaints and reporting to Trading Standards won't help in stopping them issuing an N1. It is important, though, to add to the weight of complaints against a thoroughly disreputable organization.

 

An internal complaint can also be escalated to the Financial Ombudsman Service, which will at least hit them with a £450 bill if the FOS take it up.

 

It is important to keep fighting your corner in every way, not just worry about the N1.

 

I agree in principle with Docman that responding shows what the judge would call a "responsible attitude". Use email if you can, as this save time and money. Responding to every templated threat by snail mail can get very expensive, whereas a simple prepared email just referring to your previous letter is free, and takes very little time to send.

 

The defence is this case is going to be very similar to many others. I have already got it written in my head after reading through the thread again.

 

SH

[rich2568]

Cheers SH

 

I will send emails as you mentioned;)

 

I am more concerned at their interest charges- scandulous!!

[ScabHunter]

I am more concerned at their interest charges- scandulous!!

 

How kind of them to provide another genuine reason to dispute the alleged debt!

 

SH

[Docman]

Cheers SH

 

I will send emails as you mentioned;)

 

I am more concerned at their interest charges- scandulous!!

 

 

Excellent idea, especially if HFO respond by email. And the beauty is that if they then start to email their threats, you can set up your email to treat as them as spam.

 

Make sure you print off your emails though as you may need a hard copy record at some stage.

[rich2568]

Saw UK26`s post earlier regarding the Judge awarding Judgment against him & in favour of HFO- just ridiculous!!!

[redroo555]

hi ,

just wanted to add my support against hfo

scabhunter among others helped, and are still helping me with this company. they try every trick in the book, they even sent a letter addressed to me, but sent to my brother in laws address!!! even though they had mine!! i think this is to try and embarrass me, so i'll either pay or phone them!... no chance!!!!! just makes me more determined.

so, chin up, and just be guided by the folk on here. good luck

[rich2568]

I`ve SAR`d Barclaycard & today I`ve had a ream of statements and that is it?? On them are lots of late payment fees/overlimit charges.

 

They have stated in the letter "The information we enclose is all we hold".

 

But I was requiring Default Notice, Deed Of Assignment, Credit Agreement with Prescribed Terms etc etc...-- but no just a load of copy statements going back to Jan 2003??

 

What do I do next guys??

[Number6]

HFO will go to court against you, there's no way of preventing that short of paying them.

 

It's a PITA but at least if you win in court it'll get them off your back for good.

 

Prepare a multilayered defence - if they cannot provide a legible copy agreement, or at the least a legible document that bears your signature and contains all of the prescribed terms then they have no chance of winning providing you prepare your case carefully. There's plenty of assistance available on here to help with preparation.

 

In my own case the 'solicitor' sent by HFO was a total muppet of the first order and it was so obvious that ALL that he knew about was Section 127 of the CCA, and that not very well. Obviously you can't count on being presented with such stupidity but it's a good bet

 

If you do receive an N1 then come back here straight away for assistance.

[rich2568]

Thanks Number6

[DonkeyB]

Spot on Number6, they will often go after you irrespective of no CCA. 'Muppet' is far too nice a term though... 'incompetent junior numpty' is far more appropriate.

[ScabHunter]

That SAR could come in very useful to you.

 

So far, we have an unenforceable application form purporting to be an agreement, no default notice, and some dodgy notices of assignment.

 

Now, you can calculate the amount taken from you in unlawful charges, which may well have invalidated any default notice had one existed, due to the amount being inaccurate by more than a de minimis amount.

 

This defence will not be difficult to prepare should an N1 arrive.

 

It would be worth writing back to Barclays specifically questioning the lack of a default notice, which should have been sent to you as part of your SAR. If they send you a letter admitting that such a default notice does not exist, that will obviously be extremely useful to you.

 

SH

[DonkeyB]

I think the Barclays argument is usually that, as the DNs are electronically generated (usually by Mercers), they don't keep a hard copy and tend to supply a 'this is what it would have looked like' response. I can't recall anyone on this forum ever actually receiving a copy of the original DN. Serves them right when they use them like confetti.

[Number6]

I think the Barclays argument is usually that, as the DNs are electronically generated (usually by Mercers), they don't keep a hard copy and tend to supply a 'this is what it would have looked like' response. I can't recall anyone on this forum ever actually receiving a copy of the original DN. Serves them right when they use them like confetti.

 

This is indeed what HFO said to me - 'the DN is a standard computer generated letter so we don't keep copies'. That's bad luck for you then is what I replied. I didn't receive one originally so unless they could provide me an exact copy then I had no way of checking it's accuracy.

 

A DN is also a vital piece in the chain of evidence and had it gone that far in my case then I would have required production of the original as per the Civil Evidence Act. It was part of my multi-layered defence that wasn't needed as HFO fell at the first hurdle in court.

[Number6]

Spot on Number6, they will often go after you irrespective of no CCA. 'Muppet' is far too nice a term though... 'incompetent junior numpty' is far more appropriate.

 

I was in a kind and generous mood when I posted yesterday!

[rich2568]

This is indeed what HFO said to me - 'the DN is a standard computer generated letter so we don't keep copies'. That's bad luck for you then is what I replied. I didn't receive one originally so unless they could provide me an exact copy then I had no way of checking it's accuracy.

 

A DN is also a vital piece in the chain of evidence and had it gone that far in my case then I would have required production of the original as per the Civil Evidence Act. It was part of my multi-layered defence that wasn't needed as HFO fell at the first hurdle in court.

 

 

Now today I have received the following from HFO:_

 

1) A letter stating that they are writing on behalf of the legal assignee- HFO Capital Limited- & enclosed is (1) A Default Notice (2) Notice Of Assignment.

 

Now my account has been `selected` for litigation and is being processed by their Solicitors, Turnbulls. However they have instructed their Solicitors to halt legal action pending resolution of the matter. If it isnt possible to resolve it however, the case will be processed for litigation at Northampton.

 

Now the Default Notice is supposed to look like an official D/N? But this time it is fromHFO- supposed Barclays don`t have one??

 

Also I received another Notice Of Assignment- 4th in total - with a Current Balance different to the ones received last year- but the date of assignment is the same- well thats not entirely true as 1 of the NOA`s last year had a different date. They state in their letters "With effect from the date at the top of this letter" & this date has been 2 different dates on a total of 4 NOA`s that I have received??

 

Any feedback would be welcome.

[rich2568]

Now I have read that Pank has had the same letters/ notices through the door.

 

I suppose my D/N is invalid as it came from HFO- no sign of the original 1?

 

I`ve had 4 NOA`s plus an ever increasing balance (£4K worth of interest??)

[rich2568]

bump

 

i need advice on this 1 guys & girls!!

[rich2568]

sorry- here is the attachment:wink:

HFO Default notice.pdf

[fuzzybobble]

Oh dear, they call that a Default notice?

 

First thing wrong, is they are demanding the full amount. It should only be the arrears. They have given you 7 days from the date of the letter.

A document is deemed to be served 2 working days after posting, and they should give you 14 full days to pay the arrears on the account.

Just stating 7 days isn't enough it should state an exact date.

 

 

What's required in a default notice........

(88) Contents and effect of default notice.

(1) The default notice must be in the prescribed form and specify -

(a) the nature of the alleged breach;

(b) if the breach is capable of remedy, what action is required to remedy it and the date before which that action is to be taken;

© if the breach is not capable of remedy, the sum (if any) required to be paid as compensation for the breach, and the date before which it is to be paid.

(2) A date specified under subsection (1) must not be less than seven days (14 Days from 19/12/2006, see below) after the date of service of the default notice, and the creditor or owner shall not take action such as is mentioned in section 87(1) before the date so specified or (if no requirement is made under subsection (1)) before those seven days have elapsed.

(3) The default notice must not treat as a breach failure to comply with a provision of the agreement which becomes operative only on breach of some other provision, but if the breach of that other provision is not duly remedied or compensation demanded under subsection (1) is not duly paid, or (where no requirement is made under subsection (1)) if the seven days mentioned in subsection (2) have elapsed (now 14 Days, see below), the creditor or owner may treat the failure as a breach and section 87(1) shall not apply to it.

(4) The default notice must contain information in the prescribed terms about the consequences of failure to comply with it.

(5) A default notice making a requirement under subsection (1) may include a provision for the taking of action such as is mentioned in section 87(1) at any time after the restriction imposed by subsection (2) will cease, together with a statement that the provision will be ineffective if the breach is duly remedied or the compensation duly paid.

The Act does mention the word Date, suggesting that is what Parliament wanted to see appear in a Default Notice...

Quote:

(b) if the breach is capable of remedy, what action is required to remedy it and the date before which that action is to be taken;

[MrMT]

Subbing

[DonkeyB]

Sorry Rich, missed the update. Will get rid of the rugby bruises and look properly in the morning. But it does, at first glance, seem like an 'application form special'.

[DonkeyB]

So Michael Hardy appears on letters from HFO AND Turnbull Rutherford. Which one does he work for?

 

If there is an enforceable credit agreement (which there isn't it seems) then you are NOT subject to HFO's terms and conditions. The original Barclaycard T&Cs would continue to apply. This is grossly misleading.

 

The default notice is seriously flawed. Like the other documents, they've just made it up to suit their case.